Articles Tagged withdrunk driving injury

Most are familiar with the concept of hiding assets in the midst of a divorce. We don’t often hear about hidden assets in personal injury lawsuits, but that’s because the majority of defendants aren’t independently wealthy. Mostly, claims for injury as a result of DUI or other negligence behind the wheel is covered by auto insurance companies. That’s not to say individuals can’t legally be held personally liable for damages over and above that amount, but it often makes little sense to pursue it when defendant has few assets anyway.

However, debts for personal injury caused while driving under the influence is not dischargeable under U.S. Bankruptcy Code Section 523(a)(9). That means if a court has ordered defendant to pay plaintiff a sum in compensation for DUI injuries, that debt can’t simply be wiped clean by bankruptcy, as so many other debts can be. Still, collecting this compensation directly from a drunk driving defendant can be a challenge.

In a recent Palm Beach County DUI lawsuit, an 82-year-old Uber driver killed in a September crash, and defendant’s insurer now accuses defendant of hiding assets to avoid paying insurance claims benefiting the family’s estate. Continue reading →

The family of a 58-year-old grandmother who died in a crash last month has filed a civil injury lawsuit against the 40-year-old driver, a principle at a local high school. They are seeking justice in a case where it seems apparent the at-fault driver won’t face criminal charges for allegedly driving drunk.

The case is an odd one that started when a 5,000-pound truck fell from the sky and on top of the victim’s sport utility vehicle. The mother of four and grandmother of two was traveling home on the highway when the Ford F-150 truck crushed her SUV. The truck was driven by a 40-year-old high school principle. He reportedly struck an impact barrier with such force that it lifted the truck off the ground and made it go airborne, according to Fox News Latino. Defendant and his passengers walked away relatively unscathed with only minor lacerations and bruising.

Police did not charge defendant with DUI. He admitted to investigating officers he’d just left a local tavern, where he’d been with friends. He declined to undergo a breathalyzer test and he refused to undergo a sobriety test. However, at least two officers on scene said he didn’t appear to be drunk. Refusal to submit to a breathalyzer is illegal in Florida due to implied consent laws, but police can’t force anyone to breathe into a machine. Per a U.S. Supreme Court decision (Missouri v. McNeely), police would have to seek a warrant to conduct a blood draw, but they would need probable cause. A prosecutor called to assess the situation found there was not enough probable cause to ask a judge to force defendant to submit a drug sample. Continue reading →